Remuneration Tribunal Determination 2012/03 Parliamentary Additional Salary and Related Matters (Cth)
REMUNERATION TRIBUNAL
Determination 2012/03:
Parliamentary Additional Salary and Related Matters
This Determination provides for additional salary for parliamentary office holders and related matters. It comprises:
Part 1 – General;
Part 2 – Additional Salary for Parliamentary Office Holders;
Part 3 – Ministers of State; and
Table 1: Rates of Additional Salary.
PART 1 - GENERAL
1.1Authority: This Determination is issued in accordance with the following subsections of the Remuneration Tribunal Act 1973 (‘the Act’): 7(1), 7(1B), 7(1C), 7(2), 7(2A), 7(4) and 7(5G).
1.2Effective Date: This Determination takes effect on and from 15 March 2012.
1.3Effect on Earlier Determinations: This Determination supersedes and revokes in full Determination 2011/22 – Parliamentary Office Holders – Additional Salary.
1.4 Definitions: The following definition applies in this Determination:
‘base salary’ means parliamentary base salary as defined in the Act and refers to the amount determined by the Remuneration Tribunal in Determination 2012/02 or any Determination that supersedes Determination 2012/02.
1.5Scope of references: A reference to a ‘member’ in this Determination means a member of either House of the Parliament unless the contrary intention appears.
PART 2 – ADDITIONAL SALARY FOR PARLIAMENTARY OFFICE HOLDERS
2.1Subject to any exclusions specified in clause 2.4 and its subclauses of this Determination, a member who holds a parliamentary office specified in Table 1 shall be paid additional parliamentary office holder salary as is specified for that office in that table.
2.2 In administering this Determination, authorities shall, where necessary:
(a)calculate additional salary by applying the percentage in Column 2 of Table 1 to the base salary, rounding up to the nearest ten dollars; and
(b)pay the annual benefits specified in proportion (pro rata) to the office holder’s period of service during that year.
2.3The portion of additional parliamentary office holder salary that is not 'allowance by way of salary' for the purposes of the Parliamentary Contributory Superannuation Act 1948 is 20 per cent of the amount calculated in accordance with clauses 2.1 and 2.2. The 20 per cent portion shall apply to each amount of additional salary paid to a member, and shall apply with effect from the date of effect of this determination.
2.4 The following rules apply in determining the number of shadow ministers entitled to additional salary and at what rate (noting there is a transitional provision in clause 2.4.5):
2.4.1 The maximum number of shadow ministers entitled to be paid additional parliamentary office holder salary at the rate of 25 per cent of base salary is
A – B
where
A = the number of Ministers of Cabinet rank from time to time; and
B = the number of Opposition office holders, from time to time entitled to additional parliamentary office holder salary of more than 25 per cent of base salary because of their holding another office listed in Table 1
2.4.2The maximum number of shadow ministers entitled to be paid additional Parliamentary office holder salary at the rate of 20 per cent of base salary is
A – B – C,
where
A = the number of ministers specified in section 4(b) of the Ministers of State Act 1952;
B = shadow ministers from time to time entitled to additional salary of 25 per cent of base salary in accordance with clause 2.4.1; and
C = the number of Opposition office holders, from time to time entitled to additional parliamentary office holder salary of more than 25 per cent of base salary because of their holding another office listed in Table 1.
2.4.3 The Leader of the Opposition is to provide advice in writing to the paying authority in each House of Parliament as to which individual shadow ministers are to be paid in accordance with clauses 2.4.1 and 2.4.2.
2.4.4 A member who receives additional parliamentary office holder salary of more than 25 per cent of base salary because of his or her holding another office listed in Table 1 is not entitled to also be paid additional salary as a shadow minister; and a member who receives additional salary as a shadow minister is not entitled to additional salary for filling any other office listed in Table 1.
2.4.5 The number of shadow ministers who can be paid under clause 2.4.2 is increased by two from the date of effect of this Determination until any change to the shadow ministry is made, or until the date of the first federal election following that date of effect, whichever is the earlier.
PART 3 – MINISTERS OF STATE
3.1The portion of the salary referred to in subsection 6(1) of the Act that is not salary for the purposes of the Parliamentary Contributory Superannuation Act 1948 is 20 per cent. For the purposes of subsections 7(5) and (5G) of the Act, this subclause 3.1 shall operate from the date of effect of the next general increase in the salaries payable to Ministers of State occurring on or after the effective date.
Signed this 12th day of March 2012
| Signed | Signed | Signed |
| John C Conde AO PRESIDENT | John B Prescott AC MEMBER | Jillian Segal AM MEMBER |
TABLE 1 – RATES OF ADDITIONAL SALARY
Various Offices
| OFFICE (Column 1) | As a percentage of the base salary, per annum (Column 2) |
| Leader of the Opposition | 85.0% |
| President of the Senate | 75.0% |
| Speaker of the House of Representatives | 75.0% |
| Deputy Leader of the Opposition | 57.5% |
| Leader of the Opposition in the Senate | 57.5% |
| Leader of a recognised party of more than 10 members of Parliament, other than a party whose Leader is the Prime Minister or the Leader of the Opposition | 45.0% |
| Leader of a recognised party of at least 5, and no more than 10, members of Parliament | 42.5% |
| Manager of Opposition Business in the House of Representatives | 27.5% |
| Chief Government Whip in the House of Representatives | 26.0% |
| Shadow Minister (see clause 2.4) | 25.0% |
| Chief Opposition Whip in the House of Representatives | 23.0% |
| Shadow Minister (see clause 2.4) | 20.0% |
| Deputy President and Chair of Committees in the Senate | 20.0% |
| Deputy Speaker in the House of Representatives | 20.0% |
| Deputy Leader of the Opposition in the Senate | 20.0% |
| Chief Government Whip in the Senate | 20.0% |
| Chief Opposition Whip in the Senate | 18.0% |
| Second Deputy Speaker in the House of Representatives | 13.0% |
| Whip in the House of Representatives of a Government party with more than 10 Members in the House | 13.0% |
| Whip in the House of Representatives of an Opposition party with more than 10 Members in the House | 12.0% |
| Head of a recognised party, not being a party whose Leader is the Prime Minister or the Leader of the Opposition, with at least five members in each house, sitting in the house other than that in which the Leader of the party sits | 11.0% |
| Whip in the House of Representatives of a party with at least 5, and no more than 10, Members in the House | 9.0% |
| Whip in the Senate of a recognised party of at least 5, and no more than 10, Senators | 9.0% |
| Government Deputy Whip in the Senate | 5.0% |
| Opposition Deputy Whip in the Senate | 5.0% |
| Deputy Whip in the House of Representatives of a Government party with more than 10 Members in the House | 3.0% |
| Deputy Whip in the House of Representatives of an Opposition party with more than 10 Members in the House | 3.0% |
| Member of the Speaker's Panel in the House of Representatives | 3.0% |
| Temporary Chairman of Committees in the Senate | 3.0% |
| Deputy Whip in the House of Representatives of a party with at least 5, and no more than 10, Members in the House | 2.0% |
TABLE 1 – (cont)
Parliamentary Committee Offices
| OFFICE (Column 1) | As a percentage of the base salary, per annum (Column 2) |
| Chair of the Joint Statutory Committee of Public Accounts and Audit | 16% |
| Chair of the Joint Statutory Committee on Public Works | 16% |
| Chair of the Joint Standing Committee on Foreign Affairs, Defence and Trade | 16% |
| Chair of the Joint Standing Committee on Treaties | 16% |
| Chair of a Joint Statutory Committee or Joint Standing Committee, not otherwise specified (except the Joint Standing Committee on the Parliamentary Library) | 11% |
| Chair of a Senate Legislative and General Purpose Standing Committee | 11% |
| Chair of a House of Representatives General Purpose Standing Committee | 11% |
| Chair of a Joint Select Committee or Select Committee in the Senate or the House of Representatives | 11% |
| Chair of an Investigating Standing Committee established by resolution of either House | 11% |
| Chair of the Senate Standing Committee of Privileges | 11% |
| Chair of the House of Representatives Standing Committee of Privileges | 11% |
| Chair of the Senate Standing Committee on Regulations and Ordinances | 11% |
| Chair of the Senate Standing Committee for the Scrutiny of Bills | 11% |
| Chair of the House of Representatives Standing Committee on Procedure | 11% |
| Deputy Chair of the Joint Statutory Committee on Public Accounts and Audit | 8% |
| Deputy Chair of the Joint Statutory Committee on Public Works | 8% |
| Deputy Chair of the Joint Standing Committee on Foreign Affairs, Defence and Trade | 8% |
| Deputy Chair of the Joint Standing Committee on Treaties | 8% |
| Deputy Chair of a Joint Statutory Committee or Joint Standing Committee, not otherwise specified (except the Joint Standing Committee on the Parliamentary Library) | 5.5% |
| Deputy Chair of a House of Representatives General Purpose Standing Committee | 5.5% |
| Deputy Chair of a Joint Select Committee or Select Committee in the Senate or the House of Representatives | 5.5% |
| Deputy Chair of an Investigating Standing Committee established by resolution of either House | 5.5% |
| Deputy Chair of the Senate Standing Committee of Privileges | 5.5% |
| Deputy Chair of the House of Representatives Standing Committee of Privileges | 5.5% |
| Deputy Chair of the Senate Standing Committee on Regulations and Ordinances | 5.5% |
| Deputy Chair of the Senate Standing Committee for the Scrutiny of Bills | 5.5% |
| Deputy Chair of the House of Representatives Standing Committee on Procedure | 5.5% |
| Chair of the Senate Standing Committee of Senators’ Interests | 3% |
| Chair of the House of Representatives Committee of Members’ Interests | 3% |
| Chair of a Parliamentary Committee concerned with public affairs rather than the domestic affairs of Parliament not otherwise specified | 3% |
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